<GetPassage xmlns:tei="http://www.tei-c.org/ns/1.0" xmlns="http://chs.harvard.edu/xmlns/cts">
            <request>
                <requestName>GetPassage</requestName>
                <requestUrn>urn:cts:latinLit:phi0474.phi005.perseus-eng2:2.3.15-2.3.34</requestUrn>
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            <reply>
                <urn>urn:cts:latinLit:phi0474.phi005.perseus-eng2:2.3.15-2.3.34</urn>
                <passage>
                    <TEI xmlns="http://www.tei-c.org/ns/1.0"><text xml:lang="eng"><body><div type="translation" xml:lang="eng" n="urn:cts:latinLit:phi0474.phi005.perseus-eng2"><div type="textpart" subtype="actio" n="2"><div type="textpart" subtype="book" n="3"><div type="textpart" subtype="section" n="15" resp="perseus"><p> And so that resolved that the farming of the tenth should always be put up to
                auction according to the law of Hiero, in order that the discharge of that office
                might be the more agreeable if, though the supreme power was changed, still, not
                only the laws of that king who was very dear to the Sicilians, but his name also
                remained in force among them. This law the Sicilians always used before Verres was
                praetor. He first dared to root up and alter the established usages of them all,
                their customs which had been handed down to them from their ancestors, the
                conditions of their friendship with us, and the rights secured to them by our
                alliance. </p></div><milestone n="7" unit="chapter"/><milestone unit="Para"/><div type="textpart" subtype="section" n="16" resp="perseus"><p> And in this, this is the first thing I object to and accuse you for, that in a
                custom of such long standing, and so thoroughly established, you made any innovation
                at all. Have you ever gained anything by this genius of yours? Were you superior in
                prudence and wisdom to so many wise and illustrious men who governed that province
                before you? That is your renown; this praise is due to your genius and diligence. I
                admit and grant this to you. I do know that, at <placeName key="perseus,Rome">Rome</placeName>, when you were praetor, you did transfer by your edict the
                possession of inheritance from the children to strangers, from the first heirs to
                the second, from the laws to your own licentious covetousness. I do know that you
                corrected the edicts of all your predecessors, and gave possession of inheritance
                not according to the evidence of those who produced the will, but according to
                theirs who said that a will had been made. And I do know too that those new
                practices, first brought forward and invented by you, were a very great profit to
                you. I recollect, moreover, that you also abrogated and altered the laws of the
                censors about the keeping the public buildings in repair; so that he might not take
                the contract to whom the care of the building belonged; so that his guardians and
                relations might not consult the advantage, of their ward so as to prevent his being
                stripped of all his property; that you appointed a very limited time for the work,
                in order to exclude others from the business; but that with respect to the
                contractor you favoured, you did not observe any fixed time at all. </p></div><div type="textpart" subtype="section" n="17" resp="perseus"><p>So that I do not marvel at your having established a new law in the matter of the
                tenths you, a man so wise, so thoroughly practiced in praetorian edicts and
                censorian laws. I do not wonder, I say, at your having invented something; but I do
                blame you, I do impeach you, for having of your own accord, without any command from
                the people, without the authority of the senate, changed the laws of the province of
                  <placeName key="tgn,7003122">Sicily</placeName>. </p></div><div type="textpart" subtype="section" n="18" resp="perseus"><p>The senate permitted Lucius Octavius and Caius Cotta, the consuls, to put up to
                auction at <placeName key="perseus,Rome">Rome</placeName> the tenths of wine, and
                oil, and of pulse, which before your time the quaestors had been in the habit of
                putting up in <placeName key="tgn,7003122">Sicily</placeName>; and to establish any
                law with respect to those articles which they might think fit. When the contract was
                offered for sale, the farmers begged them to add some clauses to the law, and yet
                not to depart from the other laws of the censors. A man opposed this, who by
                accident was at <placeName key="perseus,Rome">Rome</placeName> at that time; your
                host,—your host, and intimate friend, I say, O Verres,—Sthenius, of Thermae, who is
                here present The consuls examined into the matter. When they had summoned many of
                the principal and most honourable men of the state to form a council on the subject;
                according to the opinion of that council they gave notice that they should put the
                tenths up to auction according to the law of Hiero. </p></div><milestone n="8" unit="chapter"/><milestone unit="Para"/><div type="textpart" subtype="section" n="19" resp="perseus"><p> Was it not so? Men of the greatest wisdom, invested with the supreme authority, to
                whom the senate had given the whole power of making laws respecting the letting out
                the farming of the tributes, (and this power had been ratified by the people, while
                only one Sicilian objected to it,) would not alter the name of the law of Hiero,
                even when the measure would have been accompanied by an augmentation of the revenue;
                but you, a man of no wisdom, of no authority, without any order from people or
                senate, while all <placeName key="tgn,7003122">Sicily</placeName> objected,
                abrogated the whole law of Hiero, to the greatest injury and even destruction of the
                revenue. </p></div><div type="textpart" subtype="section" n="20" resp="perseus"><p> But what law is this, O judges, which he amends, or rather totally abrogates? A
                law framed with the greatest acuteness and the greatest diligence, which gives up
                the cultivator of the land to the collector of the tenths, guarded by so many
                securities, that neither in the corn fields, nor on the threshing floors, nor in the
                barns, nor while removing his corn privately, nor while carrying it away openly, can
                the cultivator defraud the collector of one single grain without the severest
                punishment. The law has been framed with such care, that it is plain that a man
                framed it who had no other revenues; with such acuteness that it was plain that he
                was a Sicilian; with such severity, that he was evidently a tyrant: by this law,
                however, cultivating the land was an advantageous trade for the Sicilian; for the
                laws for the collectors of the tenths were also drawn up so carefully that it is not
                possible for more than the tenth to be extorted from the cultivator against his
                will. </p></div><div type="textpart" subtype="section" n="21" resp="perseus"><p> And though all these things were settled in this way, after so many years and even
                ages, Verres was found not only to change, but entirely to overturn them, and to
                convert to purposes of his own most infamous profit those regulations which had long
                ago been instituted and established for the safety of the allies and the benefit of
                the republic. In the first instance he appointed certain men, collectors of the
                tenths in name, in reality the ministers and satellites of his desires; by whom I
                will show that the province was for three years so harassed and plundered, O judges,
                that it will take many years and a long series of wise and incorruptible governors
                to recover it. </p></div><milestone n="9" unit="chapter"/><milestone unit="Para"/><div type="textpart" subtype="section" n="22" resp="perseus"><p> The chief of all those who were called collectors, was Quintus Apronius, that man
                whom you see in court, concerning whose extraordinary wickedness you have heard the
                complaints of most influential deputations. Look, O judges, at the face and
                countenance of the man; and from that obstinacy which he retains now in the most
                desperate circumstances, you may imagine and recollect what his arrogance must have
                been in <placeName key="tgn,7003122">Sicily</placeName>. This Apronius is the man
                whom Verres (though he had collected together the most infamous men from all
                quarters, and though he had taken with him no small number of men like himself in
                worthlessness, licentiousness, and audacity,) still considered most like himself of
                any man in the whole province. And so in a very short time they became intimate, not
                because of interest, nor of reason, nor of any introduction from mutual friends, but
                from the baseness and similarity of their pursuits. </p></div><div type="textpart" subtype="section" n="23" resp="perseus"><p> You know the depraved and licentious habits of Verres. Imagine to yourselves, if
                you can, any one who can be in every respect equal to him in the wicked and
                dissolute commission of every crimes that man will be Apronius; who, as he shows not
                only by his life, but by his person and countenance, is a vast gulf and whirlpool of
                every sort of vice and infamy. Him did Verres employ as his chief agent in all his
                adulteries, in all his plundering of temples, in all his debauched banquets; and the
                similarity of their manners caused such a friendship and unanimity between them,
                that Apronius, whom every one else thought a boor and a barbarian, appeared to him
                alone an agreeable and an accomplished man; that, though every one else hated him,
                and could not bear the sight of him, Verres could not bear to be away from him;
                that, though others shunned even the banquets at which Apronius was to be presents
                Verres used the same cup with him; lastly, that, though the odour of Apronius's
                breath and person is such that even, as one may say, the beasts cannot endure him,
                he appeared to Verres alone sweet and pleasant. He sat next to him on the
                judgment-seat; he was alone with him in his chamber; he was at the head of his table
                at his banquets; and especially then, when he began to dance at the feast naked,
                while the young son of the praetor was sitting by.</p></div><milestone n="10" unit="chapter"/><milestone unit="Para"/><div type="textpart" subtype="section" n="24" resp="perseus"><p> This man, as I began to say, Verres selected for his principal agent in
                distressing and plundering the fortunes of the cultivators of the land. To this
                man's audacity, and wickedness, and cruelty, our most faithful allies and most
                virtuous citizens were given up, O judges, by this praetor, and were placed at his
                mercy by new regulations and new edicts, the entire law of Hiero, as I said before,
                having been rejected and repudiated. </p></div><div type="textpart" subtype="section" n="25" resp="perseus"><p><milestone unit="Para"/>First of all, listen, O judges, to his splendid edict.
                “Whatever amount of tithe the collector declared that the cultivator ought to pay,
                that amount the cultivator should be compelled to pay to the collector.”—How? Let
                him pay as much as Apronius demands? What is this? is the regulation of a praetor
                for allies, or the edict and command of an insane tyrant to conquered enemies? Am I
                to give as much as he demands? He will demand every grain that I can get out of my
                land. Am I to give all? Yes, and more too, if he chooses. What, then, am I to do?
                What do you think? You must either pay, or you will be convicted of having disobeyed
                the edict. O ye immortal gods, what a state of things is this For it is hardly
                credible. And indeed. </p></div><div type="textpart" subtype="section" n="26" resp="perseus"><p>I am persuaded, O judges, that, though you should think that all other vices are
                met in this man, still this must seem false to you. For I myself, though all
                  <placeName key="tgn,7003122">Sicily</placeName> told me of it, still should not
                dare to affirm this to you, if I was not able to recite to you these edicts from his
                own documents in those very words—as I will do. Give this, I pray you, to the clerk;
                he shall read from the register. Read the edict about the returns of property. [The
                edict about the returns of property is read.] He says I am not reading the whole.
                For that is what he seems to intimate by shaking his head. What am I passing over?
                is it that part where you take care of the interests of the Sicilians, and show
                regard for the miserable cultivators? For you announce in your edict, that you will
                condemn the collector in eightfold damages, if he has taken more than was due to
                him. I do not wish anything to be passed over. Read this also which he requires;
                read every word. [The edict about the eightfold damages is read.] Does this mean
                that the cultivator is to prosecute the collector at law? It is a miserable and
                unjust thing for men to be brought from the country into the forum, from the plough
                to the courts of justice; from habits of rustic life to actions and trials to which
                they are wholly unaccustomed. </p></div><milestone n="11" unit="chapter"/><milestone unit="Para"/><div type="textpart" subtype="section" n="27" resp="perseus"><p> When in all the other countries liable to tribute, of <placeName key="tgn,1000004">Asia</placeName>, of <placeName key="tgn,7006667">Macedonia</placeName>, of
                  <placeName key="tgn,1000095">Spain</placeName>, of <placeName key="tgn,1000070">Gaul</placeName>, of <placeName key="tgn,7001242">Africa</placeName>, of
                  <placeName key="tgn,7003122">Sicily</placeName>, and in those parts of <placeName key="tgn,1000080">Italy</placeName> also which are so liable; when in all these, I
                say, the farmer in every case has a right to claim and a power to distrain, but not
                to seize and take possession without the interference of the law, you established
                regulations respecting the most virtuous and honest and honourable class of
                men,—that is, respecting the cultivators of the soil,—which are contrary to all
                other laws. Which is the most just, for the collector to have to make his claim, or
                for the cultivator to have to recover what has been unlawfully seized? for them to
                go to trial when things are in their original state, or when one side is ruined? for
                him to be in possession of the property who has acquired it by hard labour, or him
                who has obtained it by bidding for it at an auction? What more? They who cultivate
                single acres, who never cease from personal labour, of which class there were a
                great number, and a vast multitude among the Sicilians before you came as
                praetor,—what are they to do? When they have given to Apronius all he has demanded,
                are they to leave their allotments? to leave their own household gods? to come to
                  <placeName key="perseus,Syracuse">Syracuse</placeName>, in order while you,
                forsooth, are praetor, to prosecute, by the equal law which they will find there,
                Apronius, the delight and joy of your life, in a suit for recovery of their
                property? </p></div><div type="textpart" subtype="section" n="28" resp="perseus"><p>But so be it. Some fearless and experienced cultivator will be found, who, when he
                has paid the collector as much as he says is due, will seek to recover it by course
                of law, and will sue for the eightfold penalty. I look for the vigour of the edict,
                for the impartiality of the praetor; I espouse the cause of the cultivator; I wish
                to see Apronius condemned in the eightfold penalty. What now does the cultivator
                demand? Nothing but sentence for an eightfold penalty, according to the edict. What
                says Apronius? He is unable to object. What says the praetor? He bids him challenge
                the judges. Let us, says he, make out the decuries. What decuries? Those from my
                retinue; you will challenge the others. What? of what men is that retinue composed?
                Of Volusius the soothsayer, and Cornelius the physician, and the other dogs whom you
                see licking up the crumbs about my judgment-seat. For he never appointed any judge
                or recuperator <note anchored="true">The <foreign xml:lang="la">recuperatores</foreign> were a kind of judges, usually appointed by the
                  praetors in some particular kinds of action, and especially in those relating to
                  money.</note> from the proper body. <note anchored="true">The Latin word here is
                    <foreign xml:lang="la">conventus</foreign>, which often occurs in these
                  orations; properly it means any assembly of men, but when the Romans had reduced
                  foreign countries into the form of provinces, it assumed a nave definite meaning.
                  Sometimes it was applied to the whole body of Roman citizens who were either
                  permanently or temporarily settled in a province. Also in order to facilitate the
                  administration of justice, a province was divided into a number of districts, each
                  of which was called <foreign xml:lang="la">conventus</foreign>... Roman citizens
                  living in a province, at certain times of the year, fixed by the proconsul,
                  assembled in the chief town of the district, and this meeting bore the name of
                    <foreign xml:lang="la">conventus</foreign>. At this conventus litigant, parties
                  applied to the proconsul, who selected a number of judges from the conventus to
                  try their causes. The proconsul himself presided at the trial, and pronounced the
                  sentence according to the views of the judges who were his assessors.—Smith, Dict.
                  Ant in v. <foreign xml:lang="la">Conventus</foreign>.</note> He said all men who
                possessed one clod of earth were unfairly prejudiced against the collectors. People
                had to sue Apronius before these men who had not yet got rid of the surfeit from his
                last banquet. <milestone n="12" unit="chapter"/><milestone unit="Para"/> What a
                splendid and memorable court! what an impartial decision! what a safe resource for
                the cultivators of the soil! </p></div><div type="textpart" subtype="section" n="29" resp="perseus"><p> And that you may understand what sort of decisions are obtained in actions for the
                eightfold penalty, and what sort of judges those selected from that man's retinue
                are considered to be, listen to this. Do you think that any collector, when this
                licence was allowed him of taking from the cultivator whatever he claimed, ever did
                demand more than was due? Consider yourselves in your own minds, whether you think
                any one ever did so, especially when it might have happened, not solely through
                covetousness, but even though ignorance. Many must have done so. But I say that all
                extorted more, and a great deal more, than the proper tenths. Tell me of one man, in
                the whole three years of your praetorship, who was condemned in the eightfold
                penalty. Condemned, indeed! Tell me of one man who was ever prosecuted according to
                your edict. There was not, in fact, one cultivator who was able to complain that
                injustice had been done to him; not one collector who claimed one grain more as due
                to him than really was due. Far from that. Apronius seized and carried off whatever
                he chose from every one. In every district the cultivators, harassed and plundered
                as they were, were complaining, and yet no instance of a trial can be found. </p></div><div type="textpart" subtype="section" n="30" resp="perseus"><p> Why is this? Why did so many bold, honourable, and highly esteemed men—so many
                Sicilians, so many Roman knights—when injured by one most worthless and infamous
                man, not seek to recover the eightfold penalty, which had most unquestionably been
                incurred? What is the cause, what is the reason? That reason alone, O judges, which
                you see,—because they knew they should come off at the trial defrauded and
                ridiculed. In truth, what sort of triad must that be, when three of the profligate
                and abandoned retinue of Verres sat on the tribunal under the name of judges?—slaves
                of Verres, not inherited by him from his father, but recommended to him by his
                mistress. </p></div><div type="textpart" subtype="section" n="31" resp="perseus"><p> The cultivator, forsooth, might plead his cause; he might show that no corn was
                left him by Apronius,—that even his other property was seized; that he himself had
                been driven away with blows. Those admirable men would lay their heads together,
                they would chat to one another about revels and harlots, if they could catch any
                when leaving the praetor. The cause would seem to be properly heard: Apronius would
                have risen, full of his new dignity as a knight; not like a collector all over dirt
                and dust, but reeking with perfumes, languid with the lateness of the last night's
                drinking party, with his first motion, and with his breath he would have filled the
                whole place with the odour of wine, of perfume, and of his person. He would have
                said, what he repeatedly has said, that he had bought, not the tenths, but the
                property and fortunes of the cultivators; that he, Apronius, was not a collector,
                but a second Verres,—the absolute lord and master of those men. And when he had said
                this, those admirable men of Verres's train, the judges, would deliberate, not about
                acquitting Apronius, but they would inquire how they could condemn the cultivator
                himself to pay damages to Apronius. </p></div><milestone n="13" unit="chapter"/><milestone unit="Para"/><div type="textpart" subtype="section" n="32" resp="perseus"><p> When you had granted this licence for plundering the cultivators to the collectors
                of the tenths,—that is, to Apronius,—by allowing him to demand as much as he chose,
                and to carry off as much as he demanded, were you preparing this defence for your
                trial,—that you had promised by edict that you would assign judges in a trial for an
                eightfold penalty? Even if in truth you were to give power to the cultivator, not
                only to challenge his judges, but even to pick them out of the whole body of the
                Syracusan assembly, (a body of most eminent and honourable men,) still no one could
                bear this new sort of injustice,—that, when one has given up the whole of one's
                produce to the farmer, and had one's property taken out of one's hands, then one is
                to endeavour to recover one's property and to seek its restitution by legal
                proceedings. </p></div><div type="textpart" subtype="section" n="33" resp="perseus"><p> But when what is granted by the edict is, in name indeed, a trial, but in reality
                a collusion of your attendants, most worthless men, with the collectors, who are
                your partners, and besides that, with the judges, do you still dare to mention that
                trial, especially when what you say is refuted, not merely by my speech, but by the
                facts themselves? when in all the distresses of the cultivators of the soil, and all
                the injustice of the collectors, not only has no trial ever taken place according to
                that splendid edict, but none has ever been so much as demanded? </p></div><div type="textpart" subtype="section" n="34" resp="perseus"><p> However, he will be more favourable to the cultivators than he appears; for the
                same man who has announced in his edict that he will allow a trial against the
                collectors, in which they shall be liable to an eightfold penalty, had it also set
                down in his edict, that he would grant a similar trial against the cultivators, in
                which they should be liable to a fourfold penalty. Who now dares to say that this
                man was unfavourably disposed or hostile to the cultivators? How much more lenient
                is he to them than to the collectors? He has ordered in his edict that the Sicilian
                magistrate should exact from the cultivator whatever the collector declared ought to
                be paid to him. What sentence has he left behind, which can be pronounced against a
                cultivator of the soil It is not a bad thing, says he, for that fear to exist; so
                that, when the money has been exacted from the cultivator, still there will be
                behind a fear of the court of justice, to prevent him from stirring himself. If you
                wish to exact money from me by process of law, remove the Sicilian magistrate. If
                you employ this violence, what need is there of a process of law? Moreover, who will
                there be who would not prefer paying to your collectors what they demand, to being
                condemned in four times the amount by your attendants. </p></div></div></div></div></body></text></TEI>
                </passage>
            </reply>
            </GetPassage>